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3232What Are the Proposed Changes to the Public Charge Rule?https://jenningsimmigration.com/proposed-changes-to-public-charge-rule/
Wed, 21 Nov 2018 18:23:23 +0000/?p=19881The phrase “public charge” is used by the U.S. Citizenship and Immigration Services (USCIS) to describe individuals who are likely to receive monetary assistance from the U.S. government. When green card or visa applicants seek to enter the U.S., immigration officers decide whether they are public charges by reviewing certain factors, including whether the individual […]

]]>The phrase “public charge” is used by the U.S. Citizenship and Immigration Services (USCIS) to describe individuals who are likely to receive monetary assistance from the U.S. government.

When green card or visa applicants seek to enter the U.S., immigration officers decide whether they are public charges by reviewing certain factors, including whether the individual will have financial support from others and whether the individual has previously used cash aid programs such as TANF or SSI.

Individuals seeking admission into the U.S. or applying for adjustment of status who are viewed as public charges by immigration officers using current factors specified by the Immigration and Nationality Act (INA) may be denied.

DHS’s New Rule Proposal

On October 10, 2018, the U.S. Department of Homeland Security (DHS) released a proposed rule related to public charge in the Federal Register. The proposed rule includes the following changes:

Changing criteria from government dependence to merely utilizing government assistance—The current grounds for admissibility involve determining whether an individual would become primarily dependent on the government for assistance. The DHS’s new proposal would expand that criteria to include any individuals who would be likely to use government programs, with both past and current usage being weighed against them during the review process.

Expanding the list of publicly-funded programs to make individuals inadmissible—The proposed rule would expand the list of public assistance programs for public charge criteria to include past and current use of Medicaid, Supplemental Nutrition Assistance Program (SNAP), Section 8 housing assistance, and Medicare Part D prescription drug low-income subsidy. It would also include the usage of any state or local cash assistance program to be grounds for inadmissibility.

Creating “heavily weighted negative and positive factors” to determine admissibility—Under the proposed rule, immigration officers would draw from a list of negative and positive factors when determining individuals’ admissibility. The usage of certain government benefits would be considered a heavily weighted negative factor, while having a household income that’s at least 250-percent of the federal poverty level would be considered a heavily weighted positive factor.

Factoring English proficiency and previous immigration fee waivers into admissibility standards—Immigration officers would also be able to consider admissibility based on individuals’ proficiency in English. In addition, previous usage of immigration fee waivers would be considered a “heavily weighted negative factor,” and individuals would be required to submit credit reports and Declarations of Self-Sufficiency as part of the review process.

What’s Next for the Rule Proposal Change?

First, it’s important to understand that the existing definition and criteria for determining public charges are still in effect. In addition, the proposed change is currently in a comment period until December 10, 2018.

That means individuals and organizations that are interested in the rule change can submit feedback until that date. Finally, it may be many months after the comment period ends that the rule is published in the Federal Register—and there could still be legal challenges that delay its implementation and enforcement.

Confused? Concerned? We’re Here to Help.

At Jennings Immigration Law Office, we know that immigration, visa, and citizenship processes and requirements seem to constantly change, especially since the current presidential cabinet took office in January 2017. It’s our goal to help you and your loved ones navigate this complex and constantly changing system. Whether you’re seeking business-related immigration, a path to naturalization/citizenship, helping your family immigrate to the U.S., or any other immigration-related services, we want to help.

]]>Immigrants Seeking Citizenship via Military Service Face Tougher Restrictionshttps://jenningsimmigration.com/immigrants-seeking-citizenship-via-military-service-face-tougher-restrictions/
Tue, 21 Nov 2017 17:11:33 +0000/?p=19794On Friday, Oct. 13, the Trump Administration reversed an expedited path to citizenship for immigrants who join the U.S. Armed Forces. The policy change affects all foreign nationals in the country, including green card holders. Prior to the change on Oct. 13, immigrants who joined the U.S. military were eligible to become U.S. citizens via […]

]]>On Friday, Oct. 13, the Trump Administration reversed an expedited path to citizenship for immigrants who join the U.S. Armed Forces. The policy change affects all foreign nationals in the country, including green card holders.

Prior to the change on Oct. 13, immigrants who joined the U.S. military were eligible to become U.S. citizens via an expedited process. Now, immigrants serving in a branch of the Armed Forces must proceed through a series of obstacles, including extensive background checks, to receive citizenship status.

Per an NPR interview with retired U.S. Army officer Margaret Stock, foreign-born people make up 13.5-percent of the U.S. population. By making it more difficult for foreign nationals to become citizens via military experience, the Armed Forces’ applicant pool will be much smaller and less diverse with fewer foreign-language and cultural skills.

What Did the New Policy Change?

Joining the military to clear a path towards citizenship was common for foreign nationals living in the U.S., especially those with families. The new policy will make that process more difficult due to changes such as:

A much longer waiting period to receive certification of service
Previously, green-card holders who served in the U.S. military were eligible to receive certification of honorable service after just one day of service. After the policy change on Oct. 13, active-duty troops must wait six months, while reservists must wait one year.

Indefinite delay in green-card holders enlisting in Army Reserve and National Guard
The change doesn’t just affect current foreign-born military members. It also affects those wishing to enlist, as there are new obstacles preventing them from enlisting in both the U.S. Army Reserve and the U.S. National Guard.

Green-card holders must have background checks completed before entering military service
The new policy states that all green-card holders must pass extensive background checks before entry in active, reserve, or guard service. Previously, newly enlisted personnel could ship off to basic training while their background checks were still in progress.

As recently as 2012, around 5,000 green-card holders enlisted in the U.S. Armed Forces annually. That number may drop as the military becomes a less viable path to citizenship for foreign nationals and their families.

Questions about New Immigration Policies?

New and more restrictive immigration policies are announced on a near-monthly basis under President Trump and his administration. It’s more important than ever to stay up to date on these changes and be aware of how they might affect you and your family.

]]>The 30/60-Day Rule is Now the 90-Day Rulehttps://jenningsimmigration.com/30-60-day-rule-is-90-day-rule/
Wed, 18 Oct 2017 16:04:53 +0000/?p=19786For around one-quarter of a century, the U.S. used the 30/60-day rule to determine whether a person was eligible to receive a visa or to enter the United States. The 30-day aspect of the rule involved determining if a visitor to the U.S. misrepresented his or her intent for being in the country by violating […]

]]>For around one-quarter of a century, the U.S. used the 30/60-day rule to determine whether a person was eligible to receive a visa or to enter the United States. The 30-day aspect of the rule involved determining if a visitor to the U.S. misrepresented his or her intent for being in the country by violating nonimmigrant status. Violations included things like taking on unauthorized jobs or applying for adjustment of status.

The 60-day rule was similar and involved similar actions taking after 30 days but before 60 days had elapsed after the visitor entered the U.S. In that case, misrepresentation of intent wasn’t automatically assumed, but suspicion was raised and the visitor could expect to be questioned about it. Finally, if the actions took place 60 days after arriving in the U.S., misrepresentation wasn’t a factor nor was the visitor questioned about it.

How Does the 90-Day Rule Change the Former Policy?

On Sept. 16, 2017, the 90-day rule was officially introduced. Now, anyone who engages in the following actions or conduct within 90 days of entry into the U.S. may be presumed to have misrepresented his or her intent for entering the country:

Engaging in unauthorized employment

Enrolling in a course of unauthorized academic study

Marrying a U.S. citizen or lawful permanent resident and taking up residence in the U.S. while in a nonimmigrant visa classification that prohibits immigrant intent

Engaging in any activity that would otherwise require change of status or adjustment of status.

Visitors who are believed to have misrepresented their intentions for visiting the country can present evidence rebutting that assumption. In addition, visitors who engage in conduct that’s inconsistent with their nonimmigrant status 90 days after arriving in the U.S. aren’t subject to presumption of misrepresentation.

People who may be affected by the new 90-day rule include those who entered the U.S. as visitors or students and violated their visas by working, marrying U.S. citizens, or attending school without student visas.

The change from the 30/60-day rule to the 90-day rule has widespread implications for many people in the U.S., including those in Knoxville in East Tennessee. If you have questions or concerns about your immigration status or what you should do in the aftermath of this new rule, we’re here to help.

]]>3 Things to Know about President Trump’s Rescission of DACAhttps://jenningsimmigration.com/things-to-know-about-trumps-rescission-of-daca/
Mon, 18 Sep 2017 18:16:28 +0000/?p=19779On Sept. 5, 2017, President Trump announced the rescission of the Deferred Action for Childhood Arrivals (DACA) Program. DACA was established by the Obama administration in June 2012 as a change to immigration policy that would allow people who entered the country illegally as minors to receive two-year deferments from deportation as well as eligibility […]

According to information released by the U.S. Department of Homeland Security, the rescission will have several major impacts on immigrants and their families, including:

Current DACA holders will no longer receive deportation protection or have valid work permits after their deferments expire.
People receiving deferred deportation action and work permits via DACA will lose those benefits when they expire two years after their date of issue. At this time, the DHS states that information obtained by the U.S. Citizenship and Immigration Services (USCIS) regarding DACA recipients won’t be passed on to ICE for immigration enforcement proceedings, but the policy is subject to change.

DACA permits expiring Sept. 5, 2017 – March 5, 2018 can be renewed until October 5, 2017.
The DHS indicates that no one will lose benefits under President Trump’s DACA rescission before March 5, 2018. In addition, the DHS says that anyone whose permit is set to expire between Sept. 5, 2017 and March 5, 20178 will be eligible to renew it–but that renewal application must be received by October 5, 2017. From August through December 2017, more than 200,000 DACA permits are set to expire, and 55,258 people have submitted requests for renewal. Around 275,000 are set to expire in 2018 and more than 320,000 will expire in 2019.

As of Sept. 5, 2017, DACA recipients can no longer obtain Advance Parole travel permission.
The USCIS will no longer approve new Form I-131 applications for travel outside the country. However, people whose parole applications were previously approved are likely to retain those benefits until they expire. The USCIS states that it reserves the right to revoke or terminate advance parole documents at any time.

With 800,000+ DACA recipients facing uncertain futures between now and August 2019, it’s more important than ever for immigrants and their families to have the legal protection they need while they’re living in the U.S.

]]>New GOP-Authored Bill Seeks to Halve Legal Immigration to the U.S.https://jenningsimmigration.com/new-gop-authored-bill-seeks-to-halve-legal-immigration-us/
Fri, 18 Aug 2017 14:35:38 +0000/?p=19776In early August 2017, President Trump endorsed legislation designed to reduce the number of legal immigrants who come the U.S. by half over the next 10 years. If passed, the bill would mark the most significant change to immigration policies in 50 years. What Does the Bill Mean for Prospective Immigrants? If the bill becomes […]

]]>In early August 2017, President Trump endorsed legislation designed to reduce the number of legal immigrants who come the U.S. by half over the next 10 years. If passed, the bill would mark the most significant change to immigration policies in 50 years.

What Does the Bill Mean for Prospective Immigrants?

If the bill becomes law, it would have significant consequences for the U.S.’s immigration process, including:

Reducing the number of green cards
Every year, around one million green cards are distributed to immigrants who are seeking permanent legal residence in the United States. If the bill passes, the number would be reduced to around 500,000 green cards distributed annually. These cuts are accomplished in large part by eliminating the ability of U.S. citizens to secure permanent residence for their parents and siblings.

Creating a point-based system for employment-based green cards
The bill proposes that employment-based green cards be reserved for high-skill workers. Applicants must accumulate a certain number of points based on factors like ability to speak English, education level, and job skills. It ignores low-skill labor needs. It also does not address temporary employment visas.

Capping refugee and diversity-based admissions
The U.S. resettles a certain number of refugees every year from war-torn or otherwise unstable parts of the world. The bill proposes capping the number of refugees allowed in the country every year at 50,000. It also eliminates the diversity visa lottery, a program that seeks to diversify the immigrant population by awarding 50,000 green cards every year to countries with low levels of immigration to the U.S.

Though framed as measures to protect American workers, the vast majority of economic studies conclude that immigration to the U.S. benefits the U.S. population on the whole. The bill has already received criticism even from fellow Republican lawmakers and seems unlikely to gain traction in its current form. The most significant thing about the President’s endorsement is the endorsement itself: any conception that President Trump is only opposed to illegal immigration has now been disabused by the President himself.

Jennings Immigration Law Office is Knoxville’s Choice for Immigration Issues

The path of citizenship or even securing a path into the country itself is becoming more difficult and complicated under the current administration. At Jennings Immigration Law Office, we know that many recent immigrants are worried about their legal status in the U.S. and their ability to freely travel outside the country.

]]>What Steps Should International Students Take to Attend College in the U.S.?https://jenningsimmigration.com/international-students-steps-to-attend-collage-usa/
Wed, 19 Jul 2017 20:50:42 +0000/?p=19738Studying in the United States can be the experience of a lifetime for many people who live outside the country. The U.S. is home to some of the top colleges and universities in the world, and international students can gain both an education and hands-on work experience that can help them begin successful careers within […]

]]>Studying in the United States can be the experience of a lifetime for many people who live outside the country. The U.S. is home to some of the top colleges and universities in the world, and international students can gain both an education and hands-on work experience that can help them begin successful careers within the country and abroad.

International students who are interested in studying in the U.S. must complete a few important requirements before they can begin attending classes. These requirements include:

Find the right educational institution and degree program
There are thousands of colleges and universities in the U.S., which can make it difficult to narrow down choices. EducationUSA’s database of advising centers in countries throughout the world can help international students find schools that offer programs they’re interested in and that are certified to host foreign students.

Obtain financing to attend a college or university
Unlike U.S. residents, people who live in foreign countries aren’t eligible to receive loans, grants, or scholarship assistance from the U.S. government. However, they can receive aid from the governments of their home countries, scholarships and grants from the schools they’re interested in attending, and assistance via special exchange programs administered by the U.S. government.

Prepare for student life in the U.S.
Culture shock is a real phenomenon for anyone who travels to a new culture, but it can be especially strong for students who may be away from family and friends for the first time. Prospective international students should take time to familiarize themselves with American culture and important information about things like finding work, training opportunities, taxes, and how to get around in the city where they’ll live.

]]>Tips for Avoiding Problems When Traveling Internationally This Summerhttps://jenningsimmigration.com/tips-avoiding-problems-traveling-internationally-summer/
Sat, 17 Jun 2017 14:24:21 +0000/?p=19735International travel is typically a fairly simple process for U.S. citizens, as it often only requires a valid U.S. passport and a standard screening process when entering new countries. However, the process is more complicated for permanent residents and non-citizens who reside in the U.S. U.S. Citizenship and Immigration Services states that permanent residents are […]

]]>International travel is typically a fairly simple process for U.S. citizens, as it often only requires a valid U.S. passport and a standard screening process when entering new countries. However, the process is more complicated for permanent residents and non-citizens who reside in the U.S.

U.S. Citizenship and Immigration Services states that permanent residents are free to travel outside the United States at any time. However, there are a few restrictions and requirements in place for permanent residents to both leave the country and to return to the country with their residence status intact.

Travel Checklist for Permanent Residents and International Students

If you’re a permanent resident and want to travel outside the U.S. this summer, be sure to follow these tips to make the trip go as smoothly as possible:

✓ Present your passport or travel documents when entering new countries
As a permanent resident, you will not have a U.S. passport. However, passports from your country of citizenship are valid when entering other nations. Refugee travel documents are also accepted. In addition, some countries in South America, Africa, and Europe require additional visa documents before entry.

✓ Present your residency documents when re-entering the U.S.Just as it’s important to have the proper documents when you enter other countries, you also need proper documentation to re-enter the U.S. You’ll need include a valid, unexpired Permanent Resident Card (green card). U.S. Customs and Border Protection officers also may review documents like your passport, foreign national I.D. card, or U.S. driver’s license.

✓ Apply for a Reentry Permit If Your Trip Will Last Longer than 1 YearPermanent residents who leave the U.S. and remain abroad for more than one year may be found to have abandoned their permanent residence status. To avoid this, be sure to apply for a reentry permit on Form I-131 before you depart the U.S. If your trip will last longer than two years, your re-entry permit will expire, and you will have to applying for a returning resident visa (SB-1) at a U.S. Embassy or Consulate. It’s also important to note that leaving the country for more than six months can make it more difficult to become a naturalized citizen.

If you’re an international F-1 student seeking to leave the country for travel purposes, make sure you have these documents on hand to present at your port of entry:

]]>Two groups seeking to dismantle existing work authorization programs have filed legal challenges to the H-4 and OPT work authorization rules.

H-4: Save Jobs USA v. United States Department of Homeland Security

An Obama administration rule that allows spouses of H-1B high-skilled visa-holders with pending green card applications to obtain work authorization while the H-1B visa holder waits for the green card application to be adjudicated is in the midst of a legal challenge from a group called Save Jobs USA. The lawsuit claims that the Department of Homeland Security exceeded its legal authority by permitting H-4 spouses to seek work authorization.

The U.S. District Court held that Save Jobs USA lacked standing to file the lawsuit; this decision has been appealed to the Court of Appeals for the District of Columbia Circuit. Although the U.S. Department of Justice was originally supposed to file a brief by February 10, 2017, in defense of the District Court’s decision, DOJ instead asked for a 60-day pause in the case to allow the Trump administration time to consider whether it would in fact defend the H-4 rule.

Because of prior negative comments regarding the H-4 rule by Attorney General Jeff Sessions and out of concern that DOJ might choose to decline to defend the rule, a national non-profit advocacy organization has requested to join the lawsuit to ensure that the H-4 rule would be defended in future litigation.

Optional Practical Training (“OPT”) is a long-standing program that offers up to 12 months of work authorization to international students upon their completion of their U.S. education in order to allow hands-on professional experience as part of their student status. A more recent rule provides an additional period of OPT work authorization for students graduating with STEM (science, technology, engineering math) degrees who are employed by participants in the E-Verify employment authorization program. Both OPT programs are subject to a lawsuit also arguing that the Department of Homeland Security exceeded its statutory authority by offering the OPT work authorization. Although the lawsuit has been dismissed by federal courts on several occasions, an appeal is pending.

Apart from the success of the litigation itself, of greater concern are President Trump’s executive orders on immigration that could result in the OPT rules being voluntarily revoked or altered by the federal government itself due to the alleged impact on U.S. workers.

]]>Carrying Out President Trump’s Executive Orders Will Cost Billionshttps://jenningsimmigration.com/president-trump-executive-orders-cost-billions/
Mon, 17 Apr 2017 14:27:15 +0000/?p=19700In addition to making it more difficult for immigrants to safely arrive in the United States and begin new lives, President Trump’s executive orders will also put a large burden on taxpayers and the national debt due to their enormous costs: Border wall: $21.6 billion The border wall was President Trump’s most famous campaign promise, […]

]]>In addition to making it more difficult for immigrants to safely arrive in the United States and begin new lives, President Trump’s executive orders will also put a large burden on taxpayers and the national debt due to their enormous costs:

Border wall: $21.6 billion
The border wall was President Trump’s most famous campaign promise, and it could be one of the most expensive single executive orders in history. The CBP already oversees a 653-mile stretch of fencing along the country’s southwestern border, but Trump’s plan is to build a wall that spans the remaining 1,257 miles of border between the U.S. and Mexico. Estimates show that each mile of border wall would cost around $16 million, with a finally tally of around $21.6 billion for a completed wall.

Hiring surge for CBP and ICE: $614 million through Fiscal Year 2018
The number of agents patrolling the border more than doubled between FY 2003 and FY 2016 from 10,000 to around 21,000. President Trump wants to hire 15,000 additional border patrol agents and officers, and he requested $300 million to do so. He also requested $314 million in extra funds to begin the process of hiring 500 border patrol agents and 1,000 ICE enforcement and removal officers in FY 2018.

Border prosecutions: Millions of dollars diverted from the prosecution of violent offenders
In the past decade, the Department of Justice and the DHS have both increased numbers of criminal prosecutions against people who crossed into the U.S. without proper inspection. President Trump wants to further increase those numbers by calling for millions of additional dollars to employ 60 additional border enforcement prosecutors rather than investing resources in the prosecution of violent criminals.

ICE detention increases: More than $4.5 billion
President Trump has requested that the DHS indefinitely detain large numbers of people that it apprehends, including children, the elderly, people with disabilities, and pregnant women. ICE receives enough money from Congress to support 34,000 beds in detention centers, but the agency exceeds its capacity by detaining around 41,000 people every day at a cost of $126.46 per single bed and $161.36 per family bed, amounting to more than $2 billion in costs. President Trump’s plan would include an additional $1.15 million for ICE to increase its number of beds to 45,700 in FY 2017 and an additional $1.5 billion in FY 2018.

Need to Speak with a Knoxville Immigration Attorney? Call Us Today!

President Trump’s executive orders and actions on immigration have made many people and their families anxious about their futures. If you have any questions or concerns about your status or the status of your loved ones in the U.S., don’t hesitate to call Jennings Immigration Law Office today at (865) 470-0788.

]]>USCIS Proposes Increased Minimum Capital Requirements for EB-5 Investment Visashttps://jenningsimmigration.com/uscis-proposes-increased-minimum-capital-requirements-eb-5-investment-visas/
Fri, 17 Mar 2017 14:32:17 +0000/?p=19688The EB-5 investment visa was created by Congress in 1990 to help bolster the nation’s economy through job creation and capital investment by foreign investors. Investors who apply for and receive approval for an EB-5 investment are rewarded with a green card, allowing both the investor and their families to live, study, work, and retire […]

]]>The EB-5 investment visa was created by Congress in 1990 to help bolster the nation’s economy through job creation and capital investment by foreign investors.

Investors who apply for and receive approval for an EB-5 investment are rewarded with a green card, allowing both the investor and their families to live, study, work, and retire in the U.S.

On Jan. 12, 2017, the U.S. Department of Homeland Security released information in a Notice of Proposed Rulemaking indicating that the minimum foreign investment required for EB-5 status will significantly increase.

Here are three things to know about EB-5 and this proposal:

The minimum EB-5 investment may increase to $1.8 million.
Prior to the change, the minimum qualifying investment was $1 million. Investors will still be required to prove that they lawfully own all capital (cash, equipment, inventory, and other assets) and that they are the legal owners of the invested capital, but if the proposal is approved, their capital must add up to at least $1.8 million.

The minimum investment for Targeted Employment Areas (TEA) may increase to $1.3 million.
TEA refers to rural areas that have unemployment at or above 150 percent of the nation’s average rate. Prior to the new proposal, the minimum investment in these areas was $500,000. The lower investment requirement is designed to encourage investments and the creation of job opportunities in areas with high unemployment.

The increases haven’t taken effect yet, and the DHS is still allowing comments.
These changes represent a 170 percent increase, but they haven’t taken effect yet. The DHS is giving stakeholders through April 11, 2017, to comment on the proposals.